General Terms and Conditions of Business
(Status November 2020)
- Area of application
- Conclusion of the contract
- Right of withdrawal for consumers
- Prices, shipping costs, delivery
- Terms of payment
- Retention of title
- Settlement of disputes
- Applicable law and place of jurisdiction
- Contact and identity of the provider
1. Area of application, Definitions
1.1 The following general terms and conditions apply to all business relations between you as a customer and us, Fluco Nordgaustrasse 93437 Furth im Wald, which are processed via our online store. The version of our General Terms and Conditions that is valid at the time of the order is authoritative.
Our goods and services offered through the Fluco online store are aimed at consumers and entrepreneurs alike, but only as end users. For the purposes of these General Terms and Conditions, (i) a “consumer” is any natural person who concludes the contract for a purpose that is predominantly neither commercial nor his independent professional activity (§ 13 BGB) and (ii) an “entrepreneur” is a natural or legal person or a partnership with legal capacity who, when concluding the contract, is acting in the exercise of his commercial or independent professional activity (§ 14 para. 1 BGB).
2. Conclusion of the contract
2.1 The goods offered in our Fluco online store do not constitute an offer to conclude a contract, but only an invitation to place an order.
2.2 By confirming and sending your order, you are making an offer to conclude a purchase contract. With the exception of orders where you have chosen prepayment (Paypal, Sofortüberweisung), the purchase contract is concluded by sending the goods. The confirmation of the receipt of your order is not yet an acceptance of the sales contract.
2.3 If you choose the payment method prepayment (Paypal, Sofortüberweisung), we declare the acceptance of your contract offer with the sending of the order confirmation.
2.4 If you choose a payment method other than those mentioned in section 2.3, you are bound to your offer to conclude a purchase contract within the maximum delivery period stated under shipping costs. This is e.g. three days for standard shipping in Germany.
2.5 The contract language is German.
3. Right of withdrawal for consumers
3. right of withdrawal for consumers
Right of withdrawal
You have the right to cancel this contract within thirty days without giving any reason. The withdrawal period is thirty days from the day on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the goods.
To exercise your right of withdrawal, you must inform us (Fluco Ulrich Fleischmann e.K., Nordgaustraße, 93437 Furth im Wald, Germany, email@example.com, phone: 09973/2028) by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. For this purpose, you may use the enclosed model withdrawal form, which is, however, not mandatory.
In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of the revocation
If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us without undue delay and in any case no later than 30 days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the period of 30 days. You shall bear the direct costs of returning the goods. You will only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the condition, properties and functioning of the goods.
The right of withdrawal does not apply to the following contracts:
* Contracts for the supply of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.
Sample cancellation form
(If you want to cancel the contract, please fill out this form and send it back).
– To Fluco Ulrich Fleischmann e.K., Nordgaustraße, 93437 Furth im Wald, Germany, firstname.lastname@example.org
– I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following
goods (*)/the provision of the following service (*)
– Ordered on (*)/received on (*)
– Name of the consumer(s)
– Address of the consumer(s)
– Signature of consumer(s) (only in case of paper communication)
(*) Delete where not applicable.
If you finance this contract by means of a loan and later revoke it, you are also no longer bound by the loan agreement, provided that both contracts form an economic unit. This is to be assumed in particular if we are your lender at the same time or if your lender makes use of our cooperation with regard to the financing. If the loan has already accrued to us when the revocation takes effect, your lender shall be subrogated to our rights and obligations under the financed contract in relation to you with regard to the legal consequences of the revocation or return. The latter shall not apply if the subject matter of the present contract is the acquisition of financial instruments (e.g. securities, foreign exchange or derivatives).
If you wish to avoid a contractual obligation as far as possible, make use of your right of revocation and also revoke the loan agreement if you are also entitled to a right of revocation for this.
Deviating return costs regulation for Germany
We bear the direct costs of returning the goods if the return takes place within Germany.
Without prejudice to your legal rights, we provide free return labels for your return within Germany. Log in to your customer account and print out the return label. We will send you a link for a return label. You can drop off the return shipment at a parcel store of the respective provider in Germany.
4. prices, shipping costs, delivery
4.1 Unless otherwise agreed, the prices applicable on the day of conclusion of the contract and contained in the Fluco online store shall apply.
4.2 The prices stated on our Internet pages include the statutory value added tax applicable in the Federal Republic of Germany.
4.3 We deliver worldwide
4.4 The current shipping costs can be found in the shipping costs overview in the Fluco online store.
4.5 In order to exercise your right of revocation from Germany, you must open the following link, fill out the return label accordingly and send your goods back to us: https://www.dhl.de/retoure/gw/rpcustomerweb/OrderEntry.action?hash=55ca838928526e654350f410f0a151ef5468fe9f9a5734b4968e2ddbffcc4d23
In order to exercise your right of revocation from other countries than Germany, you must inform us Fluco Nordgaustrasse 93437 Furth im Wald by means of a clear statement (e.g. a letter, fax, telephone, e-mail sent by post) of your decision to revoke this contract. You may use the sample revocation form for this purpose, but this is not mandatory.
You can find out more about our return terms and conditions if you follow the following link: http://wp13645644.server-he.de/cancellation-policy/?lang=en
5. Terms of payment
5.1 Payments are possible over following ways:
By instant bank transfer.
By credit card (Amex, Mastercard and Visa).
5.2 When placing an order, you have to pay the full invoice amount directly. We will arrange the shipment of the goods upon receipt of payment of the item(s).
5.3 We reserve the right to exclude certain payment methods in individual cases.
6.1 The statutory warranty rights and periods apply to consumers.
7. Retention of title
7.1 We reserve title to all items delivered by us until full payment has been received.
7.2 If the customer is an entrepreneur, the following regulations apply in addition:
We reserve title to all items delivered by us until all claims arising from the business relationship have been paid in full.
In the event of resale of the reserved goods, the customer hereby assigns to us the claims arising from the resale of the reserved goods in the amount of his invoice value for the respective goods delivered by us under reservation of title with all ancillary claims. Furthermore, the customer hereby assigns to us any claims for compensation against third parties due to loss or damage to the goods. We accept the above assignments.
8.1 We will collect, process and store all personal data provided by you exclusively in accordance with the data protection regulations applicable in Germany.
8.2 To process the contract concluded with you, it is necessary to use your personal data. Any use beyond this requires your express consent. The details of the data collected and their respective use can be found in our data protection declaration.
9. Settlement of disputes
9.1 Platform for online dispute resolution
Under current law, we are obliged to inform consumers of the existence of the European Online Dispute Resolution Platform, which can be used to resolve disputes without the need to go to court. The European Commission is responsible for setting up the platform. You can find the European Online Dispute Resolution Platform here: https://ec.europa.eu/odr.
9.2 Participation in alternative dispute resolution
We are not obliged to take part in dispute resolution proceedings before a consumer arbitration board and have decided not to participate voluntarily.
10. Applicable law, place of jurisdiction
10.1. The contractual relationship is subject exclusively to the law of the Federal Republic of Germany to the exclusion of the uniform UN Convention on Contracts for the International Sale of Goods (CISG).
10.2 If the customer is a consumer and is not resident in the Federal Republic of Germany, the contractual relationship shall be governed exclusively by the law of the Federal Republic of Germany, excluding the uniform UN Convention on Contracts for the International Sale of Goods (CISG), unless mandatory provisions of the law of the state in which the consumer has his habitual residence provide otherwise.
11. Identity of the provider, contact
Provider Fluco Onlineshops is the company
FLUCO Ulrich Fleischmann e.K.
D-93437 Furth im Wald
Phone: +49 (0)9973/2028
Telefax: +49 (0)9973/3300
Responsible for content according to § 10 paragraph 3 MDStV and contact person for data protection:
Register court: Regensburg
Registration number: HRA- 3809
Tax number: 211/217/60468
Sales tax identification number according to § 27 a sales tax law: DE-208246810
Authorized representative partner: Ulrich Fleischmann